Short-Term Rental Accommodation Act 2024 (Western Australia)

The Short‑Term Rental Accommodation Act 2024 establishes a statutory framework for registering and regulating the commercial short‑term rental of residential premises in Western Australia. It creates three interlocking operational elements: an obligation on accommodation providers to register premises used for short‑term rental (s 9); restrictions and positive duties about advertising and publication of listings, including powers to require removal of non‑compliant advertisements from advertising publications and booking platforms (ss 10-16, 13-15); and a public Register kept by the Commissioner containing prescribed information about registered premises (ss 31-32). The Act also confers investigatory and information‑sharing powers on the Commissioner (ss 33-36), provides for suspension and cancellation of registrations on specified grounds (ss 24-27), and applies selected enforcement mechanics from the Fair Trading Act 2010 (s 38).

Mechanically, the Act makes registration compulsory before entering into, or seeking to enter into, a short‑term rental arrangement, on pain of a fine (s 9). The Commissioner must register premises if an application complies with the statutory requirements (s 19) and must allocate a registration number which must be displayed in advertisements; failure to display a registration number or publication of false registration information is an offence (ss 3 definition of prohibited advertisement; ss 10-12; s 16). The Commissioner may issue written take‑down notices to owners of advertising publications and booking platform providers requiring removal of prohibited advertisements (ss 13-14) and may require nomination of an Australian‑based agent for service of those notices (s 15). The Act contains processes for cancellation or suspension of registrations, including notice to show cause and a right to make submissions, and grants review rights to the State Administrative Tribunal in specified circumstances (ss 24-30).

CrestWestern Australia

Short-Term Rental Accommodation Act 2024

Western Australia

Short-Term Rental Accommodation Act 2024

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Short‑term rental arrangements 6
Hosted accommodation 6
Premises to which Act does not apply 7
Act binds Crown 8
Application of Act outside Western Australia 8

Part 2 — Requirements for short‑term rental industry participants

Short‑term rental accommodation must be registered 9
Prohibited advertisements by accommodation providers and agents 9
Prohibited advertisements in advertising publications 9
Prohibited advertisements on booking platforms 10
Removal of prohibited advertisements from advertising publications 10
Removal of prohibited advertisements from booking platforms 11
Nomination of agents for purposes of take‑down notices 11
False representations relating to registration 12

Part 3 — Registration of short‑term rental accommodation

Division 1 — Applications for registration

Persons who may apply for registration of residential premises 13
Applications 13
Granting of registration applications 14
Commissioner may accept certain applications for registration 14
Registration numbers 16
Duration of registration 16
Renewal of registration 17

Division 2 — Suspension or cancellation of registration

Suspension or cancellation generally 17
Notice to show cause 18
Notice of cancellation or suspension of registration 19
Effect of suspension or cancellation 20
Accommodation provider to notify Commissioner of certain events 20

Division 3 — Miscellaneous

Certificate evidence of certain matters may be relied on by Commissioner 21
Review of certain decisions 23

Part 4 — Register

Register of premises 24
Disclosure of Register information 25

Part 5 — Functions of Commissioner

General functions of Commissioner 26
Exchange of information 26
Disclosure of information by Commissioner relating to certain actions 27
Commissioner may require information to be provided 27
Additional restrictions on disclosure of information 28
Application of certain enforcement provisions and defences under Fair Trading Act 2010 28

Part 6 — Miscellaneous

Disclosure of information to relevant agencies and others 30
False or misleading information 31
Infringement notices and Criminal Procedure Act 2004 31
Liability of officers for offence by body corporate 32
No liability for disclosing information in good faith 32
Protection from liability for wrongdoing 33
Certificate evidence of certain matters 33
Making applications and giving notice, information and other documents 34
Relationship of Act to local laws 34
Recovery of unpaid fees 35
Code of conduct 35
Regulations 35
Review of Act 37

Part 7 — Transitional provision

Transitional period for compliance with advertising and registration obligations 38

Part 8 — Fair Trading Act 2010 amended

Act amended 39
Section 88E amended 39
Schedule 2 amended 39

Notes

Compilation table 40

Defined terms

View image in the official sourceWestern Australia

Short‑Term Rental Accommodation Act 2024

An Act —

to establish a scheme for the registration of short‑term rental accommodation; and
to provide for matters relating to information about short‑term rental accommodation; and
to make consequential amendments to the Fair Trading Act 2010; and
to affect the operation of certain local laws; and
for related purposes.

Part 1 — Preliminary

1. Short title

This is the Short‑Term Rental Accommodation Act 2024.

2. Commencement

This Act comes into operation as follows —

(a) Part 1 — on the day on which this Act receives the Royal Assent;

(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. Terms used

In this Act —

accommodation provider means —

(a) an owner or tenant of residential premises who enters, or seeks to enter, into a short‑term rental arrangement in relation to the premises; or

(b) an agent of an owner or tenant of residential premises who acts on behalf of the owner or tenant in relation to the use, or proposed use, of the premises for short‑term rental arrangements;

advertisement means any advertisement, whether paid or not;

advertising publication means a website, online platform or other online facility, newspaper, magazine or other publication, notice or service containing advertisements to which members of the public have access (whether or not the member of the public is first required to pay a fee or subscription, register or become a member);

arrangement includes a lease, licence or other contract or arrangement;

booking platform means an online platform, website or other online facility that enables —

(a) the display to the public of multiple residential premises as being available for short‑term rental accommodation; and

(b) the making of short‑term rental arrangements by use of a website or electronic address operated or maintained by the booking platform provider;

booking platform provider means a person who, on payment of a fee or other consideration by or on behalf of an owner or tenant of residential premises, or an agent of an owner or tenant of residential premises, enables short‑term rental arrangements to be made in relation to the premises by means of a booking platform that is operated or maintained by the person;

building standard has the meaning given in the Building Act 2011 section 3;

Commissioner has the meaning given in the Fair Trading Act 2010 section 6;

Department means the department of the Public Service principally assisting the Minister in the administration of this Act;

development —

(a) in relation to premises on land to which a planning scheme or the Planning and Development Act 2005, the Swan Valley Planning Act 2020 or an Act prescribed for the purposes of paragraph (d) of the definition of planning Act applies, has the meaning given in the Planning and Development Act 2005 section 4(1); and

(b) in relation to premises on land to which a redevelopment scheme under the Metropolitan Redevelopment Authority Act 2011 applies, has the meaning given in section 3 of that Act;

development approval means an approval under a planning Act, or an instrument under a planning Act, for development on land to which the Act or instrument applies.

hosted accommodation has the meaning given in section 5;

online platform means an online system consisting of a software application and 1 or more websites;

owner, of an advertising publication, includes a person who carries on the business or undertaking of the advertising publication;

owner, of residential premises —

(a) means a person who has an estate of freehold in possession in the land on which the premises are situated; or

(b) if the premises consist of the whole or part of a lot as defined in the Community Titles Act 2018 section 3(1) — means the owner of the lot as defined in section 3(1) of that Act; or

(c) if the premises consist of the whole or part of a lot in a strata scheme as defined in the Strata Titles Act 1985 section 3(1) — means the owner of the lot as defined in section 3(1) of that Act; or

(d) if the premises consist of the whole or part of a non‑strata home unit as defined in the Land Tax Assessment Act 2002 Glossary clause 1 — means the owner of a non‑strata home unit as defined in that clause;

planning Act means —

(a) the Planning and Development Act 2005; or

(b) the Swan Valley Planning Act 2020; or

(d) a prescribed Act;

planning authority, in relation to land, means a Minister, local government, public sector body or person who has power under a planning Act, or an instrument under a planning Act, to grant or refuse a development approval for development on the land;

planning scheme means a planning scheme as defined in the Planning and Development Act 2005 section 4(1);

premises includes part of premises;

prescribed means prescribed by the regulations;

prohibited advertisement means an advertisement for short‑term rental accommodation that —

(a) relates to residential premises that are not registered premises; or

(b) does not contain the registration number for the residential premises displayed in a conspicuous manner; or

public sector body has the meaning given in the Public Sector Management Act 1994 section 3(1);

registered premises means residential premises registered as short‑term rental accommodation under this Act;

registration number, of residential premises, means the registration number assigned to the premises under section 21;

relevant agency has the meaning given in section 34(1);

residential premises means premises used, or designed or adapted for use, as a place of residence;

self‑contained accommodation —

(a) means residential premises consisting of a self‑contained unit that includes kitchen facilities, bathroom facilities and sleeping facilities; but

(b) does not include —

(i) hosted accommodation where kitchen facilities or bathroom facilities, or both, are shared with the accommodation provider or an agent of the accommodation provider; or

(ii) residential premises where kitchen facilities or bathroom facilities, or both, are shared with persons who occupy the premises under separate arrangements with the person providing the premises for occupation;

short‑term rental accommodation means residential premises provided, on a commercial basis, for occupation under a short‑term rental arrangement;

short‑term rental arrangement has the meaning given in section 4;

tenant has the meaning given in the Residential Tenancies Act 1987 section 3;

Tribunal means the State Administrative Tribunal.

4. Short‑term rental arrangements

(1) In this Act, a short‑term rental arrangement is an arrangement under which residential premises are provided for occupation to the same person or persons for a period or periods not exceeding a total of 3 months in a 12 month period, and includes an arrangement under which the accommodation provider or an agent of the provider also resides on the premises.

(2) This Act does not apply to prescribed arrangements or arrangements of a prescribed class.

5. Hosted accommodation

(1) In this Act, hosted accommodation is short‑term rental accommodation where the accommodation provider, or an agent of the accommodation provider who ordinarily resides on the residential premises, resides on the same residential premises during the short‑term rental arrangement.

(2) The regulations may —

(a) prescribe additional short‑term rental accommodation as hosted accommodation for the purposes of this Act; and

(b) declare that specified short‑term rental accommodation is not hosted accommodation for the purposes of this Act.

6. Premises to which Act does not apply

This Act does not apply to the following premises —

(a) a hotel or motel;

(b) a hospital;

(d) a dwelling park, as defined in the Land Tax Assessment Act 2002 section 39A or a residential park as defined in the Residential Parks (Long‑stay Tenants) Act 2006 section 5B;

(e) an aged care facility as defined in the Land Tax Assessment Act 2002 section 38A(1);

(f) a refuge or other emergency or respite accommodation;

(g) a retirement village as defined in the Retirement Villages Act 1992 section 3(1);

(h) accommodation provided specifically for persons with a disability as defined in the Disability Services Act 1993 section 3;

(i) accommodation provided for employees by an employer;

(j) accommodation provided for students by an educational institution;

(k) prescribed premises or premises of a prescribed class.

7. Act binds Crown

This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

8. Application of Act outside Western Australia

This Act extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside Western Australia (whether within or outside Australia).

Part 2 — Requirements for short‑term rental industry participants

9. Short‑term rental accommodation must be registered

An accommodation provider commits an offence if the accommodation provider enters into, or seeks to enter into, an arrangement to provide residential premises as short‑term rental accommodation and the premises are not registered in accordance with this Act.

Penalty: a fine of $20 000.

10. Prohibited advertisements by accommodation providers and agents

(1) An accommodation provider commits an offence if the provider, or an agent of the provider, causes a prohibited advertisement to be published in or on an advertising publication or booking platform.

Penalty for this subsection: a fine of $20 000.

(2) An agent of an accommodation provider commits an offence if the agent causes a prohibited advertisement to be published in or on an advertising publication or booking platform.

Penalty for this subsection: a fine of $20 000.

11. Prohibited advertisements in advertising publications

(1) An owner of an advertising publication commits an offence if a prohibited advertisement is published in or on the advertising publication.

Penalty for this subsection: a fine of $20 000.

(2) An agent of an owner of an advertising publication commits an offence if the agent causes a prohibited advertisement to be published in or on the advertising publication.

Penalty for this subsection: a fine of $20 000.

(3) It is a defence to an offence under subsection (1) or (2) if the accused person proves that the person caused the publication of the prohibited advertisement in or on the advertising publication to cease, or to cease to be available for display to the public on the advertising publication, as soon as practicable after becoming aware that the advertisement was a prohibited advertisement.

12. Prohibited advertisements on booking platforms

(1) A booking platform provider commits an offence if a prohibited advertisement is published on the booking platform operated or maintained by the provider.

Penalty for this subsection: a fine of $20 000.

(2) An agent of a booking platform provider commits an offence if the agent causes a prohibited advertisement to be published on the booking platform operated or maintained by the provider.

Penalty for this subsection: a fine of $20 000.

(3) It is a defence to an offence under subsection (1) or (2) if the accused person proves that the person caused the prohibited advertisement to cease to be available for display to the public on the booking platform as soon as practicable after becoming aware that the advertisement was a prohibited advertisement.

13. Removal of prohibited advertisements from advertising publications

(1) The Commissioner may, by written notice given to the owner of an advertising publication, or an agent of an owner of an advertising publication, require the owner, within the period specified in the notice, to ensure that —

(a) publication of the prohibited advertisement in or on the advertising publication ceases; or

(b) in the case of an advertising publication consisting of a website, online platform or other online facility, the advertisement ceases to be available for display to the public on the advertising publication.

(2) The owner of an advertising publication commits an offence if the owner or an agent of the owner fails to comply with a notice given to the owner or agent under subsection (1).

Penalty for this subsection: a fine of $20 000.

14. Removal of prohibited advertisements from booking platforms

(1) The Commissioner may, by written notice given to a booking platform provider, or an agent of the provider, require the provider, within the period specified in the notice, to ensure that a prohibited advertisement ceases to be available for display to the public on the provider’s booking platform.

(2) A booking platform provider commits an offence if the provider or an agent of the provider fails to comply with a notice given to the provider or agent under subsection (1).

Penalty for this subsection: a fine of $20 000.

15. Nomination of agents for purposes of take‑down notices

(1) The Commissioner may, by written notice given to a booking platform provider or an owner of an advertising publication, require the provider or owner to nominate an agent located in Australia for the purposes of receiving notices on behalf of the provider or owner under section 13 or 14.

(2) A booking platform provider or an owner of an advertising publication commits an offence if the provider or owner fails to comply with a notice given under subsection (1).

Penalty for this subsection: a fine of $20 000.

16. False representations relating to registration

(1) A person commits an offence if the person falsely represents —

(a) that premises are registered premises; or

(b) that a number is the registration number of the premises.

Penalty for this subsection: a fine of $20 000.

(2) A person commits an offence if the person displays or causes to be displayed, on or in the vicinity of premises, a registration number for the premises that the person knows to be false.

Penalty for this subsection: a fine of $20 000.

Part 3 — Registration of short‑term rental accommodation

Division 1 — Applications for registration

17. Persons who may apply for registration of residential premises

(1) An owner or tenant of residential premises may apply to the Commissioner to register the premises as short‑term rental accommodation.

(2) An owner or tenant of residential premises must make a separate application for registration for each part of proposed short‑term rental accommodation that is self‑contained accommodation.

18. Applications

(1) An application for registration of residential premises must —

(a) be in a form approved by the Commissioner; and

(b) include the information set out in subsection (2) and any other information specified by the form; and

(2) The information that must be included in the application is —

(a) the address and a description of the residential premises; and

(b) whether or not the short‑term rental accommodation is to be provided as hosted accommodation; and

(d) the number of bedrooms in the residential premises to be provided as short‑term rental accommodation; and

(e) the maximum number of persons to be accommodated in the residential premises; and

(f) if approval is required for the use of the residential premises as short‑term rental accommodation under a planning Act relating to the use of land on which the premises are situated, or an instrument under a planning Act, whether or not the use of the residential premises for the purpose of short‑term rental accommodation has been approved under the Act or instrument and any relevant approval number; and

(g) if the residential premises are to be managed by an agent for the purposes of short‑term rental accommodation, the name and contact details of the agent; and

(h) any other prescribed information.

(3) The Commissioner may require the applicant to provide additional documents or information if the Commissioner considers it necessary to do so.

(4) An application for registration of residential premises cannot be made within 3 years after registration of the premises is cancelled under this Act.

(5) The fee referred to in subsection (1)(c) is not refundable except in the prescribed circumstances, if any.

19. Granting of registration applications

The Commissioner must register residential premises if an application to register the premises is made in accordance with section 18.

20. Commissioner may accept certain applications for registration

(1) The following persons may apply to the Commissioner to have an application for registration of residential premises accepted under this Act —

(a) a person whose application for registration of the premises is not accepted on the ground that it does not comply with section 18;

(b) a person whose application for registration is made within 3 years after the cancellation of a previous registration of the premises.

(2) An application made under subsection (1) must —

(a) be in a form approved by the Commissioner; and

(b) be accompanied by the prescribed fee.

(3) The Commissioner may require the applicant to provide additional documents or information if the Commissioner considers it necessary to do so.

(4) The Commissioner may grant an application made under subsection (1)(a) if the Commissioner is satisfied that the application complies with section 18.

(5) Despite section 18(4), the Commissioner may grant an application made under subsection (1)(b) if the Commissioner is satisfied that the application complies with section 18 and —

(a) there has been a change in ownership, tenancy or management of the premises; or

(b) the previous registration was cancelled after an application for cancellation by the accommodation provider for the premises; or

(c) the registration was cancelled on the ground that the premises were no longer used as short‑term rental accommodation; or

(d) the Commissioner considers it appropriate in the circumstances.

(6) The Commissioner must give the applicant written notice of a decision to grant or refuse the application.

(7) If the Commissioner refuses an application made under subsection (1), the written notice must —

(a) specify the grounds for the refusal; and

(b) if the Commissioner is relying on a certificate under section 29, include particulars of the certificate; and

21. Registration numbers

(1) The Commissioner must allocate a registration number to residential premises when the premises are registered under this Act.

(2) The Commissioner must allocate a different number for each part of residential premises that is self‑contained accommodation or is otherwise separately registered under this Act.

(3) The Commissioner must ensure that the registration number for residential premises is made available to the applicant for registration of the premises in a manner approved by the Commissioner.

22. Duration of registration

(1) The registration of registered premises remains in force for a period of 1 year, unless sooner cancelled under Division 2 or extended under subsection (2).

(2) If an application for the grant of renewal of registration of residential premises is duly made to the Commissioner under section 23, the registration is taken to have been in force during the period commencing at the end of the registration period and ending when the premises are registered or the application for registration is not accepted.

23. Renewal of registration

(1) A person may apply to the Commissioner for renewal of the registration of residential premises under this Act not earlier than 2 months before the end of the registration period and not later than 28 days after the end of the period.

(2) This Act applies to an application for the renewal of the registration of residential premises in the same way that it applies to an application for registration of residential premises.

Division 2 — Suspension or cancellation of registration

24. Suspension or cancellation generally

The Commissioner may, by written notice given to the accommodation provider of registered premises, cancel or suspend the registration of the premises on the following grounds —

(a) the premises cannot lawfully be used for short‑term rental accommodation of the kind provided;

(b) the accommodation provider (including, if the accommodation provider is a body corporate, a director of the body corporate) has contravened this Act or a prescribed Act or prescribed local law, or a regulation made under this Act or another prescribed Act, whether or not the accommodation provider or director is prosecuted or convicted for the contravention;

(d) an owner who made the application for registration is no longer the owner of the premises;

(e) a tenant who made the application for registration is not entitled to use the premises for short‑term rental accommodation;

(f) a tenant who made the application for registration is no longer a tenant of the premises;

(g) the premises or the use of the premises does not comply with a development approval relating to the land on which the premises are situated, the premises or the use of the premises;

(h) the premises do not comply with a building standard that is applicable to the premises under the Building Act 2011;

(i) the premises consist of the whole or part of a lot within a strata scheme as defined in the Strata Titles Act 1985 section 3(1), or a lot as defined in the Community Titles Act 2018 section 3(1), and the use of the premises for short‑term rental accommodation is prohibited under scheme by‑laws made under the Strata Titles Act 1985 or the Community Titles Act 2018 that are applicable to the premises;

(j) the accommodation provider of the premises has applied for the registration to be cancelled;

(k) a prescribed ground.

25. Notice to show cause

(1) The Commissioner must, before cancelling or suspending the registration of registered premises under this Act, give a written notice to the accommodation provider for the premises.

(2) The notice must —

(a) specify the proposed decision to cancel or suspend the registration; and

(b) specify the grounds for the proposed decision; and

(c) in the case of a suspension, specify the proposed period of suspension and any proposed conditions for lifting the suspension; and

(d) if the Commissioner is proposing to rely on a certificate under section 29, include particulars of the certificate; and

(e) invite the accommodation provider to make a submission as to why the registration should not be cancelled or suspended; and

(f) specify a reasonable time within which the accommodation provider may respond to the notice.

(3) The Commissioner is not required to consider a submission made after the time specified in the notice for making a submission.

(4) If an accommodation provider makes a submission in accordance with this section, the Commissioner must consider the submission before determining whether to suspend or cancel the registration of the premises.

(5) This section does not apply if the accommodation provider for the premises has applied for the registration to be cancelled.

26. Notice of cancellation or suspension of registration

(1) If the Commissioner decides to cancel or suspend the registration of registered premises, the Commissioner must give a written notice to the accommodation provider for the premises.

(2) The notice must —

(a) specify the decision to cancel or suspend the registration, and

(b) specify the grounds for the decision; and

(d) in the case of a suspension, specify the conditions, if any, under which the suspension may be lifted; and

(e) in the case of a cancellation, specify when the cancellation takes effect; and

(f) if the Commissioner is relying on a certificate under section 29, include particulars of the certificate; and

(g) notify the accommodation provider of the right to apply to the Tribunal for a review under section 30.

27. Effect of suspension or cancellation

(1) The registration of residential premises is taken not to be in force during any period for which the registration is suspended.

(2) A period of suspension of registration of residential premises does not affect the date on which the registration period would otherwise end.

(3) Despite subsection (1), a person is not guilty of an offence under section 9 in relation to an arrangement for premises that takes effect on or after the cancellation or suspension of registration of premises if the arrangement is entered into before the cancellation or suspension.

28. Accommodation provider to notify Commissioner of certain events

An accommodation provider for registered premises must notify the Commissioner in writing of the following events within 30 days after the events occur —

(a) the provider is notified by a planning authority for the land on which the premises are situated that development for the purposes of short‑term rental accommodation cannot lawfully be carried out on the premises;

(b) the provider is notified by a planning authority for the land on which the premises are situated that the premises or the use of the premises does not comply with a development approval applicable to the premises;

(c) proceedings are instituted against the provider (including, if the provider is a body corporate, proceedings instituted against a director of the body corporate) for a contravention referred to in section 24(b);

(d) the provider (including, if the provider is a body corporate, a director of the body corporate) is found guilty of a contravention referred to in section 24(b);

(e) the provider ceases to be the owner or tenant of the premises;

(f) a change in any prescribed particulars relating to the registered premises.

Penalty: a fine of $5 000.

Division 3 — Miscellaneous

29. Certificate evidence of certain matters may be relied on by Commissioner

(1) A certificate by a designated officer, specifying the following matters, may be relied on by the Commissioner as conclusive evidence in determining whether or not to grant an application under section 20, or to cancel or suspend the registration of residential premises —

(a) that approval for the use of the premises as short‑term rental accommodation is or is not required under a specified planning Act relating to the use of land on which the premises are situated, or a specified instrument under a specified planning Act;

(b) that the use of the premises for the purpose of short‑term rental accommodation has or has not been approved under a specified planning Act, or a specified instrument under a specified planning Act, relating to the use of land on which the premises are situated;

(c) that the premises or use of the premises does or does not comply with a specified development approval relating to the land on which the premises are situated, the premises or the use of the premises;

(d) that the premises or use of the premises does or does not comply with a specified law prescribed for the purposes of section 24(b);

(e) that the specified premises do or do not comply with a specified building standard that is applicable to the premises under the Building Act 2011.

(2) A designated officer must not issue a certificate under subsection (1)(c), (d) or (e) specifying that premises do not comply as referred to in those paragraphs unless the designated officer has —

(a) given the owner or tenant, or an agent of the owner or tenant, a written notice specifying the matters set out in subsection (3); and

(b) considered any submission made by the owner or tenant, or agent, within the period specified in the notice.

(3) The notice must —

(a) specify the proposed decision to issue the certificate; and

(b) specify the matters proposed to be included in the certificate; and

(d) specify a reasonable time within which the accommodation provider may respond to the notice.

(4) In this section, the designated officer —

(a) for a certificate certifying a matter specified in subsection (1)(a), (b) or (c) — is an officer designated in writing for the purposes of this section by the planning authority for the land on which the premises concerned are situated; and

(b) for a certificate certifying a matter specified in subsection (1)(d) or (e) — is an officer designated in writing for the purposes of this section by the public sector body or local government responsible for the enforcement of the law concerned.

(5) Nothing in this section limits the matters on which the Commissioner can rely when determining whether or not to grant an application under section 20 or to cancel or suspend the registration of registered premises.

30. Review of certain decisions

(1) A person aggrieved by a reviewable decision may apply to the Tribunal for a review of the decision.

(2) For the purposes of subsection (1), the following decisions of the Commissioner are reviewable decisions —

(a) a decision to refuse an application made under section 20(1) (including an application relating to renewal of registration);

(b) a decision under section 24 to cancel registration;

Part 4 — Register

31. Register of premises

(1) The Commissioner must keep a register of premises that are registered premises.

(2) The Register must be kept in the form and manner determined by the Commissioner.

(3) The Commissioner must include in the Register the following information in relation to registered premises —

(a) the address and a description of the premises;

(b) whether or not the premises are to be provided as hosted accommodation;

(d) the number of bedrooms in the premises to be provided as short‑term rental accommodation;

(e) the maximum number of persons to be accommodated in the premises;

(f) the name and contact details of the owner of the premises or, if the tenant is the accommodation provider, the tenant of the premises;

(g) information provided to the Commissioner by an accommodation provider or planning authority in relation to approvals, and relevant approval numbers, for short‑term rental accommodation on particular registered premises;

(h) if the premises are to be managed by an agent of the accommodation provider for the purposes of short‑term rental accommodation, the name and contact details of the agent;

(i) any other prescribed information.

(4) The Commissioner may make corrections to the Register.

32. Disclosure of Register information

(1) The Commissioner must provide information as to whether or not residential premises are registered premises free of charge to the public in the manner determined by the Commissioner.

(2) The Commissioner is not required to make the information specified in subsection (1) publicly available if the Commissioner considers it appropriate in the circumstances of a particular case not to do so.

(3) The Commissioner may make information about the number of registered premises located in the whole or part of a local government district available to the public in the manner determined by the Commissioner.

(4) The Commissioner may provide information as to whether or not premises are registered premises, and the registration number of premises, for the purposes of compliance with this Act, to —

(a) a booking platform provider, or an agent of a booking platform provider; or

(b) an owner of an advertising publication, or an agent of an owner; or

(5) The Commissioner may disclose information kept in the Register in the prescribed circumstances, if any.

Part 5 — Functions of Commissioner

33. General functions of Commissioner

The functions of the Commissioner include the following —

(a) to promote the operation and effect of this Act;

(b) to investigate and research matters relating to short‑term rental accommodation and the operation of this Act;

(d) to perform other functions associated with the operation or enforcement of this Act, or otherwise conferred on the Commissioner under, or for the purposes of, this Act.

34. Exchange of information

(1) In this section —

relevant agency means —

(a) a public sector body; or

(b) a local government; or

(d) a prescribed body.

(2) The Commissioner may provide information to a relevant agency that is reasonably necessary for the purposes of —

(a) enabling or assisting the agency to regulate or take other action in relation to the use of residential premises as short‑term rental accommodation; or

(b) research or policy development by the agency relating to short‑term rental accommodation.

(3) A relevant agency may provide information to the Commissioner that is reasonably necessary for the purposes of enabling or assisting the Commissioner to exercise the Commissioner’s functions under this Act.

(4) This section does not —

(a) require the Commissioner to provide information to a relevant agency only in accordance with subsection (2) if that information can otherwise lawfully be provided; or

(b) limit the operation of another Act or law under which a relevant agency is authorised or required to disclose information to the Commissioner or another person or body.

35. Disclosure of information by Commissioner relating to certain actions

(1) The Commissioner may disclose information obtained in connection with the administration or execution of this Act for the purpose of making the public aware of the following matters —

(a) investigations or inquiries being conducted under this Act into the conduct of a person, and the results of those inquiries;

(b) disciplinary action being contemplated or taken under this Act in relation to registered premises, and the outcome of that action.

(2) Nothing in this section limits the functions or powers of the Commissioner under any other Act.

36. Commissioner may require information to be provided

(1) The Commissioner may, by written notice given to an accommodation provider, booking platform provider or owner of an advertising publication, or an agent of a provider or owner, require the provider or owner to provide information specified in the notice to the Commissioner in the form and manner specified in the notice.

(2) A notice given by the Commissioner under subsection (1) may require the information to be given on 1 or more occasions or on a periodic basis.

(3) A person must not, without reasonable excuse, fail to comply with a requirement made under this section.

Penalty for this subsection: a fine of $20 000.

37. Additional restrictions on disclosure of information

(1) The Commissioner may impose conditions on the disclosure of information under this Act.

(2) Without limiting subsection (1), the Commissioner may impose conditions that —

(a) specify the manner in which the information disclosed is to be provided, used or stored; or

(b) impose restrictions on access to the information disclosed; or

(d) specify the manner in which records containing the information are to be disposed of.

38. Application of certain enforcement provisions and defences under Fair Trading Act 2010

(1) Part 7, other than sections 94A, 95, 98, 100 and 108 and Division 4, of the Fair Trading Act 2010 applies, with any necessary modifications, as if those provisions were part of this Act.

(2) For the purposes of subsection (1), the Fair Trading Act 2010 is to be read as if —

(a) a reference to “this Act” were a reference to this Act; and

(b) a reference to “the Minister” were a reference to the Minister administering this Act; and

(d) the words “or 100,” in sections 105(1) were deleted; and

(e) the words “or 100” in section 106(3)(b) were deleted; and

(f) section 106(3)(c) were deleted.

(3) Subject to subsection (2), definitions of terms under the Fair Trading Act 2010 apply to the interpretation of the provisions applied by subsection (1).

Part 6 — Miscellaneous

39. Disclosure of information to relevant agencies and others

A person must not disclose information obtained in connection with the administration or execution of this Act unless the disclosure is —

(a) made with the consent of the person from whom the information was obtained, or each of them if there is more than one; or

(b) made in a manner that could not reasonably be expected to lead to the identification of any person to whom the information relates; or

(d) made for the purposes of giving information to a body established under a written law if —

(i) the information concerns the affairs of a person to whom this Act applies; and

(ii) the information is given in relation to the performance by that body of a function under or in connection with that written law;

(e) made for the purpose of disciplinary proceedings arising out of this Act or a report of those proceedings; or

(f) made for the purpose of the investigation of any suspected offence or the conduct of proceedings against any person for any offence; or

(g) made to a relevant agency, or an agency of the Commonwealth or another State or Territory, for the purpose of the exercise of the agency’s functions; or

(h) required or permitted under a law of this State or the Commonwealth or another State or Territory; or

(i) made for the purpose of legal proceedings under the law of this State, the Commonwealth or another State or Territory, or a report of those proceedings; or

(j) made in other prescribed circumstances.

Penalty: a fine of $25 000.

40. False or misleading information

(1) A person must not do a thing described in subsection (2) —

(a) in, or in connection with, an application made or a notice or other document given under this Act; or

(b) in compliance with, or purported compliance with, a requirement, direction or request under this Act; or

Penalty for this subsection: a fine of $20 000.

(2) The things to which subsection (1) applies are as follows —

(a) making a statement knowing it to be false or misleading in a material particular;

(b) omitting from a statement made a thing without which the statement is, to the person’s knowledge, misleading in a material particular;

(d) giving information that omits a thing without which the statement is, to the person’s knowledge, misleading in a material particular.

41. Infringement notices and Criminal Procedure Act 2004

(1) If this Act is a prescribed Act for the purposes of the Criminal Procedure Act 2004 Part 2, this section applies in relation to the service of an infringement notice under that Part by an authorised officer in relation to an alleged offence under this Act.

(2) The infringement notice must be served within —

(a) 21 days after the day on which the authorised officer forms the opinion that there is sufficient evidence to support the allegation of the offence; and

(b) 6 months after the day on which the alleged offence is believed to have been committed.

(3) The Criminal Procedure Act 2004 Part 2 is modified to the extent necessary to give effect to this section.

42. Liability of officers for offence by body corporate

	*The Criminal Code* section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision listed in the Table to this section.

Table

s. 9	s. 10(1) and (2)
s. 11(1) and (2)	s. 12(1) and (2)
s. 13(2)	s. 14(2)
s. 15(2)	s. 16(1) and (2)
s. 28	s. 36(3)
s. 39	s. 40(1)

43. No liability for disclosing information in good faith

If information is disclosed by a person under this Act in good faith —

(a) no civil or criminal liability is incurred by the person in respect of the disclosure; and

(b) the disclosure cannot be regarded as a breach of a duty of confidentiality or secrecy imposed by law on the person; and

(c) the disclosure cannot be regarded as a breach of professional ethics or standards or a principle of conduct applicable to the person’s employment or as unprofessional conduct.

44. Protection from liability for wrongdoing

(1) An action in tort does not lie against a person for doing or omitting to do anything that the person has done or omitted, in good faith, in the performance or purported performance of a function under this Act.

(2) The State is also relieved of any liability that it might otherwise have had for another person having done or omitted to do anything as described in subsection (1).

(3) The protection given by this section applies even though the thing so described may have been capable of being done or omitted whether or not this Act had been enacted.

45. Certificate evidence of certain matters

(1) A document signed by the Commissioner, or by a prescribed officer, certifying the matters set out in subsection (2) is admissible in criminal or civil proceedings under this Act or the Fair Trading Act 2010 and, in the absence of evidence to the contrary, is evidence of the matters so certified.

(2) The matters are as follows —

(a) that specified premises were or were not registered premises at a specified time or during a specified period;

(b) that the registration of specified premises under this Act was or was not suspended at a specified time or during a specified period;

(c) that a specified registration number was or was not assigned to specified premises at a specified time or during a specified period.

46. Making applications and giving notice, information and other documents

(1) In this section —

electronic means includes an electronic database or document system or the use of any other means by which a document can be accessed electronically.

(2) The regulations may make provision for and in relation to the following —

(a) the making of an application, or the giving of notice or information or a document, required or permitted to be given under this Act (including by electronic means);

(b) the time at which the application is taken to have been made or the notice, information or document is taken to have been given;

(c) means of satisfying a requirement under this Act in relation to an application or document in writing (for example, a requirement that the original of a document be given or that a document be signed) if the application is made, or document is given, by electronic means.

47. Relationship of Act to local laws

(1) A local law is inoperative to the extent that it provides for a registration scheme for residential premises used for short‑term rental accommodation.

(2) Nothing in this section affects a provision of a local law that provides for other requirements for short‑term rental accommodation that are not inconsistent with —

(a) requirements under this Act, including requirements for registration, advertisements or the provision or display of information under this Act; or

(b) requirements under a code of conduct prescribed under this Act.

48. Recovery of unpaid fees

A fee payable under this Act may be recovered by the Commissioner as a debt in a court of competent jurisdiction.

49. Code of conduct

The Governor may make regulations for or in relation to the following matters —

(a) a code of conduct regulating the conduct of 1 or more classes of participants in the provision, advertising, booking or management or occupation of residential premises used, or proposed for use, for short‑term rental accommodation;

(b) the process for preparing and consulting on the code of conduct;

(c) the enforcement of the code of conduct, including the imposition of suspension or cancellation of registration of residential premises for specified breaches of the code;

(d) the publication of codes of conduct.

50. Regulations

(1) The Governor may make regulations prescribing matters —

(a) required or permitted by this Act to be prescribed; and

(b) necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2) Without limiting subsection (1), regulations may be made about any of the following matters —

(a) the issue, use and display of certificates of registration and registration numbers;

(b) the provision of information about registration and registration numbers if bookings or inquiries about accommodation are made in person or by telephone;

(d) requirements for evidence that residential premises may be lawfully used for short‑term rental accommodation;

(e) the provision of information to the Commissioner by accommodation providers, booking platform providers, owners of advertising publications or agents of owners or providers;

(f) the conduct and regulation of registration under this Act.

(3) The regulations may provide for offences against the regulations and prescribe penalties for those offences not exceeding a fine of $5 000.

(4) If the regulations adopt a code, standard or rule, other than subsidiary legislation to which the Interpretation Act 1984 section 41 applies —

(a) the code, standard or rule is adopted as existing or in force when the regulations are made; and

(b) any amendments made to the code, standard or rule after the regulations are made have no legal effect as part of the regulations unless they are specifically adopted by later regulations or a later amendment to the regulations.

51. Review of Act

(1) The Minister must review the operation and effectiveness of this Act, and prepare a report based on the review, as soon as practicable after the 3rd anniversary of the day on which this section comes into operation.

(2) The Minister must cause the report to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 3rd anniversary.

Part 7 — Transitional provision

52. Transitional period for compliance with advertising and registration obligations

(1) Part 2 does not apply to an accommodation provider, owner of an advertising platform, booking platform provider or an agent of a provider or owner during the period commencing on the commencement of that Part and ending on the day that is 6 months after that commencement (the transition period).

(2) The regulations may extend the term of registration for residential premises registered during the transition period, but only so that the term ends not later than 12 months after the end of the transition period.

(3) The regulations may make provision for or with respect to the fees payable under this Act by a person who applies for registration of residential premises during the transition period.

Part 8 — Fair Trading Act 2010 amended

53. Act amended

This Part amends the Fair Trading Act 2010.

54. Section 88E amended

In section 88E(1A) delete “1946.” and insert:

	*1946* or the *Short‑Term Rental Accommodation Act 2024*.

55. Schedule 2 amended

In Schedule 2 insert in alphabetical order:

Short‑Term Rental Accommodation Act 2024

View image in the official source

Notes

This is a compilation of the Short-Term Rental Accommodation Act 2024. For provisions that have come into operation see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Short-Term Rental Accommodation Act 2024	12 of 2024	22 Apr 2024	Pt. 1: 22 Apr 2024 (see s. 2(a)); Pt. 2‑8 (other than s. 47): 1 Jul 2024 (see s. 2(b) and SL 2024/88 cl. 2(a)); s. 47: 1 Jan 2025 (see s. 2(b) and SL 2024/88 cl. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

accommodation provider 3

advertisement 3

advertising publication 3

arrangement 3

booking platform 3

booking platform provider 3

building standard 3

Commissioner 3

Department 3

designated officer 29(4)

development 3

development approval 3

electronic means 46(1)

hosted accommodation 3, 5(1)

online platform 3

owner 3

planning Act 3

planning authority 3

planning scheme 3

premises 3

prescribed 3

prohibited advertisement 3

public sector body 3

registered premises 3

registration number 3

relevant agency 3, 34(1)

residential premises 3

self-contained accommodation 3

short-term rental accommodation 3

short-term rental arrangement 3, 4(1)

tenant 3

transition period 52(1)

Tribunal 3

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Short-Term Rental Accommodation Act 2024

Western Australia

Short-Term Rental Accommodation Act 2024

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Short‑term rental arrangements 6
Hosted accommodation 6
Premises to which Act does not apply 7
Act binds Crown 8
Application of Act outside Western Australia 8

Part 2 — Requirements for short‑term rental industry participants

Short‑term rental accommodation must be registered 9
Prohibited advertisements by accommodation providers and agents 9
Prohibited advertisements in advertising publications 9
Prohibited advertisements on booking platforms 10
Removal of prohibited advertisements from advertising publications 10
Removal of prohibited advertisements from booking platforms 11
Nomination of agents for purposes of take‑down notices 11
False representations relating to registration 12

Part 3 — Registration of short‑term rental accommodation

Division 1 — Applications for registration

Persons who may apply for registration of residential premises 13
Applications 13
Granting of registration applications 14
Commissioner may accept certain applications for registration 14
Registration numbers 16
Duration of registration 16
Renewal of registration 17

Division 2 — Suspension or cancellation of registration

Suspension or cancellation generally 17
Notice to show cause 18
Notice of cancellation or suspension of registration 19

The Act’s central legal constructs are defined terms and a registration regime tied to both listing behaviour and compliance with planning and building rules. Key definitions include accommodation provider (owner, tenant or agent) (s 3), short‑term rental arrangement (occupancy to the same person or persons for periods totalling no more than 3 months in any 12 month period) (s 4(1)), hosted accommodation (where the provider or their agent ordinarily resides on the premises during the stay) (s 5), self‑contained accommodation (unit with kitchen, bathroom and sleeping facilities, excluding certain shared arrangements) (s 3), prohibited advertisement (an advertisement for premises that are not registered, lack a conspicuous registration number, or show a false number) (s 3), advertising publication (websites, online platforms, newspapers and other public advertising media) (s 3) and booking platform/booking platform provider (online systems that display multiple premises and enable bookings, where the provider may be remunerated by the owner/tenant/agent) (s 3).

Registration is the linchpin: premises used as short‑term rental accommodation must be registered under Part 3 before a provider may enter into or seek to enter into a short‑term rental arrangement (s 9). Applications must use a Commissioner‑approved form, include prescribed particulars (address, whether hosted, whether self‑contained, bedroom count, maximum occupants, planning approval status, agent details if applicable, and any other prescribed information) and be accompanied by a prescribed fee (s 18). The Commissioner is required to register premises where an application complies with s 18 (s 19). Registration terms are for one year (s 22(1)); renewal windows are specified (s 23(1)); and distinct registration numbers are allocated for separate self‑contained units within premises (s 21(2)).

Advertising and platform obligations are tightly coupled to the registration number regime. A prohibited advertisement is defined by lack of registration, lack of conspicuous display of the registration number, or false registration number (s 3). Accommodation providers, agents, owners of advertising publications and booking platform providers each face liability for publishing or permitting prohibited advertisements (ss 10-12). The Commissioner can serve written notices on publication owners or booking platform providers to remove prohibited advertisements within a specified period (ss 13-14); failure to comply is an offence (s 13(2), s 14(2)). The Commissioner may also require nomination of an Australian‑located agent to receive take‑down notices (s 15).

Compliance and enforcement tools include powers to require information from accommodation providers, booking platform providers, and owners of advertising publications (s 36), the use of certificates from designated officers as conclusive evidence on planning and building matters (s 29), and application of Part 7 of the Fair Trading Act 2010 with modifications (s 38) to provide additional enforcement and defence mechanisms. The Register must contain prescribed operational details (s 31), and the Commissioner must make publicly available whether a premises is registered, though with discretion to withhold in particular cases (s 32).

Procedural safeguards exist: a notice to show cause is required before suspension or cancellation (s 25) and decisions to refuse under s 20(1) or to suspend or cancel under s 24 are reviewable by the State Administrative Tribunal (s 30). The Act also calibrates liability: officers of body corporates may be criminally liable under the Criminal Code for particular offences listed in s 42, and protections are provided for good‑faith disclosures made under the Act (s 43) and for public officials acting in good faith (s 44).

Regulations and codes of conduct can refine the regime. The Governor may make regulations on matters such as certificates of registration, fees, evidence of lawful use under planning Acts, information provision, and the adoption of a code of conduct with enforcement measures including suspension or cancellation for breaches (s 50; s 49). The regulations may prescribe offences with fines up to $5 000 (s 50(3)).

The Act identifies distinct categories of regulated participants and third parties, and specifies who bears statutory duties and is exposed to penalties.

Primary regulated parties

Accommodation providers: defined to include owners and tenants who enter or seek to enter into short‑term rental arrangements, and agents acting on their behalf (s 3). They have the core duty to register premises (s 9), to supply prescribed information in applications (s 18), and to notify the Commissioner of specified events within 30 days (s 28). Non‑registration and false representations attract fines (ss 9, 16).
Owners and tenants: both may apply for registration (s 17(1)); tenants must still be “entitled to use” the premises for short‑term rental (s 24(e)-(f)).
Agents of accommodation providers: agents may commit the same advertising offences as providers (ss 10(2), 11(2), 12(2)) and are potential recipients or movers of take‑down requests. Agents managing properties must be recorded in the Register (s 31(3)(h)).

Platforms, publishers and intermediaries

Booking platform providers: persons operating online platforms that publicly list multiple premises and enable bookings, where the provider is remunerated by or on behalf of owners/tenants/agents (s 3). Booking platform providers face criminal offences for publishing prohibited advertisements (s 12(1)) and for failing to comply with Commissioner removal notices (s 14(2)). They can be required to nominate an Australian‑based agent to receive notices (s 15).
Owners of advertising publications: defined broadly to include those carrying on the business or undertaking of the publication (s 3). They face liability for publishing prohibited advertisements in their publications (s 11(1)), but have a statutory defence if they cease publication as soon as practicable after becoming aware that an advertisement is prohibited (s 11(3)).

Public authorities and regulators

The Commissioner: defined by reference to the Fair Trading Act 2010 and charged with registration, enforcement, running the Register, exchanging information with relevant agencies, issuing take‑down notices, and publishing reports and disciplinary actions (ss 19, 31-36). The Commissioner also holds discretion to withhold Register details in particular cases (s 32(2)) and may impose conditions on information disclosure (s 37).
Planning authorities, local governments and other relevant agencies: the Act contemplates information exchange between the Commissioner and relevant agencies for regulatory or policy purposes (s 34). Designated officers from these bodies may issue certificates that the Commissioner can rely on conclusively in certain administrative determinations (s 29).
Local government: local laws providing for registration schemes for short‑term rental premises are made inoperative to the extent of inconsistency with this Act (s 47(1)), though local laws imposing other non‑inconsistent requirements remain effective (s 47(2)).

Indirectly affected groups

Residents and neighbours: the public Register and the Commissioner’s disclosure powers (ss 31-35) affect the transparency of local rental activity and may influence local stakeholder engagement, planning assessments, and complaints processes.
Body corporate and strata regimes: where strata or community title scheme by‑laws prohibit use of lots for short‑term rental accommodation, non‑compliance is a ground for suspension or cancellation (s 24(i)), and strata‑scheme owners may be parties to certificates or enforcement actions under s 29.
Commonwealth and other States/Territories: the Act permits disclosure to agencies outside Western Australia and recognises situations where conduct occurs partly outside WA (s 8, s 39(g)), and it amends the Fair Trading Act 2010 to incorporate the new Act into the enforcement architecture (Part 8, ss 53-55).

Who pays and who decides

Financial obligations fall primarily on applicants and accommodation providers: prescribed registration fees accompany applications (s 18(1)(c), s 50(2)(c)); unpaid fees can be recovered as a debt by the Commissioner (s 48). Penalties payable by individuals, agents, owners and platform providers (commonly $20 000 for core offences; s 9, ss 10-12, s 14, s 16, s 36(3), s 40(1)) allocate enforcement costs to non‑compliant private actors.
Decision‑makers are the Commissioner (registration, notices, information requests, disclosures) and the State Administrative Tribunal for reviews of specified adverse decisions (s 30). Planning and building officers designated under s 29 provide certificate evidence affecting administrative outcomes.

Temporal and geographic reach

The Act binds the Crown (s 7) and applies to conduct occurring wholly or partly outside Western Australia (s 8). This extends obligations to entities operating platforms or booking services outside WA so long as conduct impacts WA premises or markets. The transition period mitigates immediate enforcement of Part 2 for six months following commencement of that Part (s 52(1)).

The Act sets out specific duties, procedural rights, and discrete disclosure and evidentiary entitlements.

Primary duties

Duty to register: An accommodation provider must not enter into, or seek to enter into, a short‑term rental arrangement for premises that are not registered (s 9). The statutory penalty for breach is a fine of $20 000.
Application duties: Applicants must use a Commissioner‑approved form and provide specified information (address, hosted status, self‑contained status, bedroom count, maximum occupancy, planning approval details where applicable, agent contact particulars) and pay the prescribed fee (s 18(1)-(2)). The Commissioner may request additional documents (s 18(3)).
Advertising duties: Accommodation providers, agents, owners of advertising publications and booking platform providers must not cause prohibited advertisements to be published (ss 10-12). A prohibited advertisement is one that advertises premises that are not registered, does not display the registration number conspicuously, or contains a false registration number (s 3).
Compliance with take‑down notices: Owners of advertising publications and booking platform providers must comply with written notices issued by the Commissioner to remove prohibited advertisements within the specified period (ss 13-14). Failure to comply is an offence attracting a $20 000 fine (s 13(2); s 14(2)).
Nomination of Australian agent: The Commissioner can require platform providers or publication owners to nominate an agent located in Australia to receive notices (s 15). Non‑compliance with such a notice is an offence (s 15(2)).
Information provision: The Commissioner may require information from accommodation providers, booking platform providers, and owners of advertising publications, including periodic reporting; failure to comply without reasonable excuse is an offence with a $20 000 fine (s 36).
Notification duty: Registered accommodation providers must notify the Commissioner in writing within 30 days of specified events including planning authority notices, proceedings or convictions for relevant contraventions, cessation of being owner or tenant, or changes in prescribed particulars (s 28). Penalty $5 000.

Rights and procedural safeguards

Mandatory registration if application complies: The Commissioner must register premises if an application complies with s 18, creating a non‑discretionary duty to grant registration where statutory criteria are met (s 19).
Application acceptance power with exceptions: The Commissioner may accept certain defective or later applications under s 20 subject to conditions and must give written notice of grant or refusal, including grounds and Tribunal review rights where refusal relies on certificate evidence (s 20(6)-(7)).
Show cause and submissions: Before cancel‑ ling or suspending registration the Commissioner must give a notice to show cause specifying proposed action, grounds, proposed suspension period and conditions, particulars of any certificate relied upon, and invite submissions within a reasonable time (s 25). The Commissioner must consider any timely submission (s 25(4)).
Tribunal review: Decisions listed in s 30 are reviewable by the State Administrative Tribunal: refusal under s 20(1), cancellation under s 24, and suspension under s 24 (s 30(2)).
Evidentiary certificates: Designated officers from planning authorities, building or enforcement bodies may issue certificates that the Commissioner can rely on as conclusive evidence in certain matters pertaining to planning approvals, compliance with development approvals, laws, or building standards (s 29(1)). Where a certificate would state non‑compliance, the designated officer must give a notice and consider submissions before issuing the certificate (s 29(2)-(3)). A document signed by the Commissioner or prescribed officer certifying registration or registration number status is admissible and, absent contrary evidence, is evidence of the certified matters (s 45).
Disclosure and confidentiality limits: While the Commissioner must make registration status public free of charge (s 32(1)), the Commissioner may withhold particular information in appropriate cases (s 32(2)), impose conditions on disclosure and limit uses and access to disclosed information (s 37), and is empowered to exchange information with relevant agencies (s 34). Unauthorised disclosure by non‑authorised persons attracts a $25 000 penalty (s 39).

Other statutory features affecting duties/rights

Relationship with planning and building law: Non‑compliance with development approvals or building standards is a ground for suspension/cancellation (ss 24(g) and (h)). Certificates from planning authorities and enforcement bodies may establish those matters conclusively for Commissioner decisions (s 29).
Local government overlap: Local laws that establish registration schemes for short‑term rental premises are inoperative to the extent they provide for registration, but local laws imposing other compatible requirements may persist (s 47).
Regulatory instruments: The Governor may make regulations on registration certificates, evidence of lawful use, fees, prescribed offences, and codes of conduct which may impose additional duties (ss 49-50). The Minister must review the Act’s operation and effectiveness after three years from the relevant review provision’s operation (s 51).

The Act relies on monetary fines, administrative sanctions (suspension and cancellation of registration), removal orders for advertisements, compelled information production, certificate evidence, and tribunal review to enforce compliance. It also integrates defined provisions from the Fair Trading Act 2010 to leverage existing enforcement mechanics (s 38).

Monetary penalties

Core offences: Several primary offences attract a penalty of $20 000,operating or seeking to operate unregistered short‑term rental accommodation (s 9); causing publication of a prohibited advertisement by an accommodation provider or agent (s 10); publishing a prohibited advertisement in an advertising publication (s 11(1)); publication on a booking platform (s 12(1)); non‑compliance with Commissioner take‑down notices by publication owners or booking platform providers (ss 13(2), 14(2)); false representations about registration or registration numbers (s 16); failure to comply with information requests by the Commissioner (s 36(3)); and making false or misleading statements in applications, notices or compliance dealings under the Act (s 40(1)).
Lower penalty for notification breach: Failure to notify the Commissioner of specified events within 30 days carries a $5 000 penalty (s 28).
Disclosure breach: Unauthorised disclosure of information obtained under the Act attracts a $25 000 penalty (s 39).

Administrative enforcement

Suspension and cancellation: The Commissioner may suspend or cancel registration on a range of specified grounds, including unlawful use, contravention of this Act, non‑compliance with development approvals, breaches of building standards, or strata/community title by‑law prohibitions (s 24). A notice to show cause is required prior to cancellation or suspension except where the accommodation provider has applied for cancellation (s 25(1), (5)). The Commissioner must give written notice of decisions (s 26), which must include grounds and particulars of any relied‑upon certificate and inform the right to Tribunal review (s 26(2)(f)-(g)). Suspension renders registration not in force for the suspension period (s 27(1)), and suspension periods do not affect the underlying registration term (s 27(2)).
Take‑down notices: The Commissioner may issue written notices to owners of advertising publications or booking platform providers to remove prohibited advertisements within a specified period (ss 13-14). Failure to comply is an offence (s 13(2); s 14(2)). The Commissioner may require nomination of an Australian‑based agent to receive such notices (s 15).

Compelled information and investigatory powers

Information notices: The Commissioner may require accommodation providers, booking platform providers and owners of advertising publications to provide specified information in the form and manner stated, on one or more occasions or periodically (s 36(1)-(2)). Non‑compliance without reasonable excuse is an offence with a $20 000 penalty (s 36(3)).
Certificates and evidentiary effect: Certificates by designated officers are conclusive evidence on matters specified in s 29 when relied on by the Commissioner in registration acceptance or cancellation decisions. The rules curb procedural fairness by imposing pre‑issuance consultation requirements for certificates that would certify non‑compliance (s 29(2)-(3)). Certificates may materially streamline administrative adjudication and reduce evidentiary disputes.

Interaction with Fair Trading Act enforcement

Part 7 (with specified exceptions) of the Fair Trading Act 2010 applies to this Act (s 38(1)), subject to technical modifications (s 38(2)). That incorporation imports enforcement powers and defences under the Fair Trading Act, other than certain specified sections. The effect is to attach established enforcement and compliance procedures to short‑term rental regulation.

Criminal liability of officers

The Criminal Code s 39 (criminal liability of officers of body corporates) applies to a list of specified offence provisions under this Act (s 42). The Table lists sections that, if contravened by a body corporate, can lead to officer liability (s 9; ss 10-12; ss 13(2), 14(2); s 15(2); s 16; s 28; s 36(3); s 39; s 40(1)). This elevates corporate exposure by targeting responsible officers.

Administrative remedies and court recovery

Unpaid fees may be recovered by the Commissioner as a debt in a court (s 48). The Commissioner may publish investigations and disciplinary actions (s 35), introducing reputationally based enforcement pressure.

Procedural limits and defences

Advertising publication and booking platform offences carry a defence where the publisher caused the prohibited advertisement to cease or cease to be publicly displayed as soon as practicable after becoming aware it was prohibited (ss 11(3), 12(3)). The Commissioner must issue a show cause notice before cancelling or suspending registration (s 25), and specified decisions are reviewable by the Tribunal (s 30).

Administrative discretion and safeguards

The Commissioner has discretion to withhold particular Register information in appropriate cases (s 32(2)) and to impose conditions on disclosed information (s 37). The Act provides protection from civil or criminal liability for persons disclosing information in good faith under the Act (s 43) and tort protection for persons acting in good faith under the Act (s 44).

Time limits and infringement notices

If this Act is prescribed under the Criminal Procedure Act 2004 Part 2, infringement notices must be served within 21 days from the authorised officer forming an opinion that evidence is sufficient, and within six months of the alleged offence (s 41(2)). The section anticipates use of infringement notices subject to Criminal Procedure Act prescriptions.

The Act interlocks with planning law, building standards, local laws, the Fair Trading Act 2010, strata/community title regimes, and enforcement mechanisms under the Criminal Procedure Act 2004 and the Criminal Code.

Planning and building law

Planning Acts and development approvals: The Act expressly incorporates planning approvals and compliance as central regulatory inputs. Applicants must declare whether planning approval is required and provide approval numbers if applicable (s 18(2)(f)). Non‑compliance with development approvals is an explicit ground for suspension or cancellation (s 24(g)). Designated officers of planning authorities may issue certificates about planning approval requirements and compliance, which the Commissioner may rely on as conclusive evidence in registration decisions (s 29(1)(a)-(c)). The designated officer must provide a notice and consider submissions before certifying non‑compliance (s 29(2)-(3)).
Building standards: Non‑compliance with building standards applicable under the Building Act 2011 is a proposed ground for cancellation or suspension (s 24(h)). Designated officers from bodies responsible for enforcing building standards can issue certificates under s 29(1)(e) that the Commissioner may rely on.

Local laws and their limits

The Act makes local laws providing for registration schemes for short‑term rental accommodation inoperative to the extent of overlap (s 47(1)). However, it preserves local laws that impose other, non‑inconsistent requirements, such as planning, health, parking or other local regulation, so long as they do not conflict with registration, advertising or information provisions under the Act (s 47(2)). This creates a state‑level preemption limited to registration schemes, while recognising local competence on other matters.

Fair Trading Act 2010

The Act expressly imports Part 7 (excluding certain sections) of the Fair Trading Act 2010, with necessary modifications, to apply as if those provisions were part of the Short‑Term Rental Accommodation Act (s 38(1)). The Fair Trading Act definitions apply to interpretation of applied provisions (s 38(3)). Part 8 amends s 88E and Schedule 2 of the Fair Trading Act to add the new Act (ss 53-55). This linkage furnishes established enforcement mechanisms and defences from the Fair Trading Act to the new regime.

Criminal Procedure Act and Criminal Code

The Act contemplates treatment as a “prescribed Act” under the Criminal Procedure Act 2004 for purposes of infringement notices, setting service time limits and other procedural adaptations (s 41). The Criminal Code’s officer liability provision (s 39) applies to a table of specified offences under this Act (s 42), exposing corporate officers to criminal liability for certain contraventions by their organisations.

Other statutory interfaces

Strata and community title instruments: The Act recognises that by‑laws under the Strata Titles Act 1985 and the Community Titles Act 2018 may prohibit the use of lots for short‑term rental accommodation. Such prohibitions are express grounds for cancellation or suspension under s 24(i).
Commonwealth and interstate cooperation: The Act permits disclosure to Commonwealth agencies or agencies of other states for the exercise of their functions and extends to conduct occurring outside Western Australia in defined circumstances (ss 8, 39(g)). This supports cross‑jurisdictional enforcement and information exchange.
Evidence and administrative procedure: Certificates from designated officers (s 29) and Commissioner or prescribed officer certificates admissible in court (s 45) are designed to streamline administration while embedding procedural safeguards (pre‑issuance notice and submission rights under s 29).

Regulatory gap and delegation

The Governor and Minister have broad regulatory powers to fill in operational detail via regulations and codes of conduct (ss 49-50). Regulations may prescribe fees, the form and display of certificates and registration numbers, evidence of lawful use, and offences with fines up to $5 000 (s 50(2)-(3)). The Act anticipates regulatory tailoring, including adopting external codes, standards or rules as schedules to regulations (s 50(4)).

Overall, the Act overlays a state registration and advertising regulation architecture atop existing planning, building and strata regimes, while providing for information sharing and enforcement via the Fair Trading Act machinery. It carves out local registration schemes but leaves local governments scope to enforce non‑inconsistent local requirements.

The Act’s compilation table and commencement provisions provide the legislative timeline and sequencing, and Part 8 effects an express amendment to the Fair Trading Act 2010.

Assent and commencement

The Act received Royal Assent on 22 April 2024 (compilation table). Section 2 fixes commencement as follows: Part 1 began on the day of Royal Assent (s 2(a)); the remainder of the Act comes into operation on proclamation days, and different provisions may commence on different days (s 2(b)).
The compilation table records specific commencements: Part 2-8 (other than s 47) commenced on 1 July 2024 (via SL 2024/88 cl. 2(a)); section 47 (relationship to local laws) commenced on 1 January 2025 (SL 2024/88 cl. 2(b)). Part 1 began on 22 April 2024 (s 2(a)). The transitional period referenced in s 52 is tied to the commencement of Part 2.

Transitional provisions

Section 52 provides a transition mechanism: Part 2 (requiring registration and regulating advertising) does not apply to accommodation providers, owners of advertising platforms, booking platform providers or agents during the six‑month transition period commencing on the commencement of Part 2 and ending six months later (s 52(1)). Regulations may extend registration terms for premises registered during the transition, subject to an outer limit of 12 months after the transition’s end (s 52(2)), and the regulations may make provision about fees for registrations applied for during the transition (s 52(3)). Practically, for the recorded commencement dates, the transition period ran from 1 July 2024 to 1 January 2025.

Regulatory architecture

The Governor is empowered to make regulations addressing matters identified in s 50(1) and a non‑exhaustive list in s 50(2), including the issue and display of certificates and registration numbers, fees, proof of lawful use under planning Acts, and conduct of registration. Regulations may contain offences with penalties up to $5 000 (s 50(3)). Section 49 authorises a code of conduct to regulate conduct across classes of short‑term rental industry participants and to provide enforcement pathways, including suspension or cancellation for breaches.

Amendments to the Fair Trading Act 2010

Part 8 explicitly amends the Fair Trading Act 2010 by inserting the Short‑Term Rental Accommodation Act 2024 into Schedule 2 and amending section 88E(1A) to add reference to the new Act (ss 53-55). The text of s 54 replaces the cross‑reference to 1946 with “1946 or the Short‑Term Rental Accommodation Act 2024”, and Schedule 2 is updated to list the Short‑Term Rental Accommodation Act 2024 (s 55).

No further amendments are recorded in the source. The Minister must review the Act’s operation and effectiveness as soon as practicable after the third anniversary of the operation of s 51, and lay the review report before both Houses within 12 months after that anniversary (s 51). That requirement triggers a formal legislative checkpoint for potential further amendment following the initial regulatory period.

The legislation text supplied contains no judicial decisions, case law or litigation records. The Act itself sets out administrative review rights to the State Administrative Tribunal for specified decisions of the Commissioner (s 30): reviewable decisions include refusal under s 20(1), cancellation under s 24, and suspension under s 24 (s 30(2)). The Act also provides that certain certificates and Commissioner or prescribed‑officer certificates are admissible evidence in proceedings under this Act or the Fair Trading Act 2010 and are, absent contrary evidence, evidence of the matters certified (s 45), which will affect evidentiary strategies in future litigation. Officers of body corporates are exposed to criminal liability under the Criminal Code for specified offences listed in s 42, indicating potential future prosecutorial avenues.

Because no cases are mentioned in the source material, there is, as of the Act text, no reported litigation history to summarise. Practitioners should monitor Tribunal decisions under s 30 and criminal or civil proceedings arising from enforcement actions, particularly where certificates under s 29 are used as conclusive evidence and where the Commissioner exercises disclosure powers under s 35 (publication of investigations and disciplinary action). The incorporation of Fair Trading Act enforcement provisions (s 38) may also lead to familiar enforcement and review patterns being applied to this new regulatory regime.

Several specific operational and legal pitfalls arise directly from the Act’s text and structure. These are concrete compliance and strategic risks for providers, platforms, agents and advisers.

Registration mechanics and unitisation

Separate registration per self‑contained unit: If a premises contains multiple self‑contained units, a separate application and distinct registration number are required for each self‑contained part (s 17(2); s 21(2)). Practitioners advising owners of multi‑unit properties must ensure distinct registrations rather than a single registration covering multiple units.
One‑year registration period and renewal timing: Registrations run for one year (s 22(1)). Renewals may be lodged between two months before and 28 days after the end of the registration period (s 23(1)). Failure to timely renew may create a gap where advertising would become “prohibited” or where bookings might breach s 9. The Commissioner’s power to treat a duly made renewal application as maintaining registration during processing (s 22(2)) mitigates some risk, but advisers should note the strict renewal window.

Advertising traps and evidentiary risk

Conspicuous display requirement: A prohibited advertisement includes any advertisement that does not display the registration number “in a conspicuous manner” (s 3 definition). The Act does not define “conspicuous”, leaving room for enforcement discretion and potential contention about format and placement across media. Platforms and advertisers should document presentation standards and keep records of how registration numbers were displayed.
False registration numbers: Displaying or causing the display of a registration number known to be false carries a $20 000 penalty (s 16(2)). This creates immediate criminal exposure for careless copying or incorrect manual listings.
Platform liability and defences: Booking platforms and owners of advertising publications are criminally liable for publishing prohibited advertisements (ss 11(1), 12(1)). A statutory defence is available only if the publisher causes the prohibited advertisement to cease “as soon as practicable” after becoming aware it is prohibited (ss 11(3), 12(3)). The “as soon as practicable” language is subjective and may expose platforms to enforcement where review of internal processes shows unreasonable delay. Platforms should implement rapid take‑down workflows and Australian‑based agent nomination (s 15).

Interaction with planning, building and strata rules

Planning and development approvals: Applicants must disclose whether planning approval is required and any approval numbers (s 18(2)(f)). Non‑compliance or lack of approval is a ground for cancellation (s 24(g)). Designated officer certificates (s 29) can be conclusive evidence, meaning administrative determinations can pivot on inter‑agency certificates rather than contested evidence in tribunal proceedings. Practitioners should verify planning status and confirm that local planning authorities have not taken contrary positions.
Strata and scheme by‑laws: If scheme by‑laws prohibit short‑term letting, that prohibition is a formal ground for suspension or cancellation (s 24(i)). Owners and tenants must check by‑laws before applying and be prepared to produce evidence of entitlement to use the premises for short‑term rental.
Building standard compliance: Non‑compliance with applicable building standards is a ground for cancellation (s 24(h)) and can be certified by designated enforcement officers (s 29(1)(e)). The Act links registration to the current status of building compliance; remediation obligations may need to be evidenced.

Information disclosure and reputational exposure

Commissioner’s publication powers: The Commissioner may disclose information to make the public aware of ongoing investigations or disciplinary action and outcomes (s 35). Even pre‑penalty investigations can be published under s 35(1)(a), creating reputational risk. Registered providers should expect possible public reporting of enforcement actions.
Conditions on disclosure and penalties for unauthorised disclosure: The Commissioner can impose restrictions on how disclosed information is used (s 37). Conversely, unauthorised disclosure of information obtained in administration of the Act by any person is a $25 000 offence unless a listed exception applies (s 39). Operators should be careful with internal dissemination of Register extracts and third‑party reports.

Corporate officer exposure

Officer criminal liability: The Criminal Code s 39 applies to contraventions listed in s 42, exposing responsible officers to criminal liability for corporate breaches. Boards and managers should ensure compliance systems and delegations are in place and documented.

Procedural timing and certificate reliance

Certificate conclusive evidence: Certificates from designated officers (planning or enforcement bodies) may be relied upon by the Commissioner as conclusive evidence in registration and cancellation decisions (s 29(1)). The limited procedural safeguard is a requirement that a designated officer consult prior to issuing a certificate that would certify non‑compliance (s 29(2)-(3)), but once issued the certificate shifts evidentiary burdens. Preparing pre‑emptive remedies and documentation is necessary to contest certification outcomes.

Transitional complexity

Transition period effect: Part 2 (advertising and registration obligations) was temporarily inapplicable for six months after Part 2’s commencement (s 52(1)). During transition, registration and advertising obligations were not enforceable, but registration mechanisms in Part 3 and regulation settings might still operate. The regulations may adjust registration terms or fees for registrations lodged during the transition (s 52(2)-(3)). Practitioners should carefully document timelines for applications lodged in the transition window and confirm any regulatory adjustments.

Regulation and code uncertainty

Delegated detail left to regulation: The Act requires many operational details,fee quantum, evidence of lawful planning use, rules for display of numbers, codes of conduct,to be prescribed by regulation or the Governor’s code (ss 49-50). Until regulations and codes are finalised, there will be regulatory uncertainty; stakeholders must track secondary instruments.

This section translates statutory duties into practical compliance steps and risk controls for accommodation providers, agents, booking platforms, owners of advertising publications, and advisers.

Pre‑application due diligence

Confirm classification and exclusions: Check whether the premises fall within the Act’s definition of residential premises and short‑term rental arrangement (s 3; s 4). Confirm exclusions under s 6 (hotels, motels, hospitals, lodging‑houses, dwelling parks, residential parks, aged care, refuges, retirement villages, disability‑specific accommodation, employer‑provided employee accommodation, student housing), and whether regulations prescribe additional exclusions (s 6(k); s 4(2)). If in doubt, obtain written confirmation from the planning or local authority.
Verify planning and building compliance: Establish whether use as short‑term rental requires planning approval under the relevant planning Act, and obtain any necessary approval numbers. Confirm compliance with applicable building standards under the Building Act 2011. Retain copies of approvals and building compliance certificates to attach to or support a registration application (s 18(2)(f); s 29).
Review strata/community title by‑laws and tenancy orders: Where premises are within strata or community titles, review scheme bylaws for prohibitions on short‑term rentals; such prohibitions are express grounds for cancellation (s 24(i)). If a tenant is applying to register, confirm entitlement to use the premises for short‑term rental (s 24(e)-(f)).

Registration application and maintenance

Complete Commissioner‑approved form and pay prescribed fee: Lodge the application using the approved form, supplying required details: address and description, hosted or not, self‑contained or not, bedroom number, maximum occupants, planning approval details if applicable, agent management details if relevant, and any other prescribed information (s 18(1)-(2)). Keep evidence of fee payment (s 18(1)(c)).
Separate applications for separate units: For premises with multiple self‑contained units, ensure a separate application and registration number is obtained for each self‑contained accommodation unit (s 17(2); s 21(2)).
Maintain currency: Note registration duration is one year (s 22(1)). Apply for renewal not earlier than two months before the end of the registration period and not later than 28 days after the end (s 23(1)). If an application for renewal is duly made, registration continues in force until the renewal is granted or refused (s 22(2)).

Advertising and platform controls

Display registration number conspicuously: Ensure that every advertisement for the premises contains the registration number displayed conspicuously, and that the registration number used is the number allocated by the Commissioner (s 3 definition of prohibited advertisement; s 21(3)). Establish standardised placement and size rules for online listings and telephone or in‑person enquiries in line with likely regulations on conspicuousness (s 50(2)(b)).
Audit third‑party listings: Agents and owners should implement processes to confirm that any third‑party advertising publications or booking platforms display the correct registration number. Maintain contemporaneous screenshots and records of listings showing registration numbers as evidence of compliance.
Take‑down procedures and agent nomination: Booking platform providers and publication owners should nominate an Australian‑based agent to receive official notices if required by the Commissioner (s 15). Implement rapid take‑down workflows and targets to remove non‑compliant listings “as soon as practicable” after awareness to preserve the statutory defences (ss 11(3), 12(3)). Keep logs showing time from notice receipt to removal to demonstrate the exercise of the defence if tested.

Operational governance and recordkeeping

Information requests and periodic reporting: Prepare to comply with Commissioner‑issued information notices by maintaining accurate records of bookings, occupancy, guest contact details, agent contracts, and marketing materials. A Commissioner’s notice may require one‑off or periodic information (s 36). Establish reasonable excuse protocols and designate responsible officers to avoid the s 36(3) fine ($20 000).
Notification obligations: Implement internal workflows to notify the Commissioner within 30 days of any event listed in s 28 (planning authority notices, proceedings, convictions, cessation of ownership or tenancy, changes in prescribed particulars). Assign responsibility and maintain records proving timely notification to avoid the $5 000 penalty.
Avoid false or misleading statements: Ensure applications, notices and compliance responses are accurate and complete; false or misleading statements, omissions, and knowingly false information attract a $20 000 penalty under s 40. Implement review and certification by a director or authorised officer before submission.

Interfacing with planning, building and strata bodies

Liaise with planning authorities and obtain designated officer input where appropriate: If a planning authority is likely to issue a certificate under s 29, seek pre‑emptive engagement and remedy opportunities. Where possible obtain written planning confirmations or approvals and retain documentation to dispute adverse certificates.
Remediate building compliance proactively: If building standard issues are known or discoverable, plan rectification works and preserve evidence of remedial steps. Non‑compliance certified under s 29(1)(e) can lead to cancellation; evidence of remediation and correspondence will be necessary to contest decisions.

Legal and compliance programme

Governance and officer exposure: Given officer liability under s 42, ensure governance structures allocate responsibility, keep compliance minutes, maintain delegated authority maps, and provide officer training. Directors should be briefed on statutory obligations and personal exposure linked to corporate contraventions.
Insurance and indemnity: Review insurance cover for regulatory penalties and public disclosures; many public enforcement fines may not be insurable but directors’ and public liability, and professional indemnity aspects warrant review.

Disclosures, privacy and confidentiality

Manage Register data and disclosure obligations: The Commissioner will publish registration status free of charge (s 32(1)); in some cases the Commissioner may withhold information (s 32(2)). Comply with conditions imposed by the Commissioner on information use (s 37). Do not disclose information obtained under the Act unless an exception applies, as unauthorised disclosure is a $25 000 offence (s 39).
Record retention and disposal: If the Commissioner imposes conditions on access or storage, ensure secure systems for handling sensitive Register information, and observe disposal requirements (s 37(2)(d)).

Contesting adverse decisions

Procedural steps on show‑cause notices: If the Commissioner issues a notice to show cause under s 25, respond within the specified reasonable period and provide submissions and evidence. The Commissioner must consider timely submissions before deciding (s 25(4)). Prepare legal and factual submissions tailored to the grounds specified.
Tribunal review: If the Commissioner refuses an application under s 20(1), cancels, or suspends a registration under s 24, an aggrieved person may apply to the State Administrative Tribunal for review (s 30). Preserve all documents, correspondence and certificate challenges for Tribunal review.

Regulatory watching and adaptation

Track regulations and codes of conduct: Many operational details are left to regulations and codes of conduct (ss 49-50). Monitor gazettals and implement changes promptly. The Minister’s statutory review after three years (s 51) may produce further legislative change and should be factored into long‑term compliance plans.

Practical checklists

For owners/tenants: Confirm eligibility, obtain planning/building evidence, apply using approved form, pay fee, display registration number in all listings, and set up 30‑day notification processes.
For booking platforms/publishers: Ensure listings show registration numbers, nominate Australian agent if required, put in place fast take‑down procedures, and maintain audit trails of removal actions.
For agents/managers: Record authority to act, ensure registration details are correctly displayed, and maintain client briefings about planning, strata and building compliance.

Following these steps aligns operational practice with the Act’s statutory duties, reduces exposure to the principal monetary penalties, and preserves rights to review and to make procedural submissions where the Commissioner proposes adverse administrative action.

Deep Dive

What it does

Current sections